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In Hunan Province, The State-Owned Construction Land Reserve Way

Original Language Title: 湖南省国有建设用地储备办法

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(Adopted at the 4th ordinary meeting of the Government of the Southern Province, on 9 April 2008, No. 224 of the Order of the People's Government of the Great Lakes Region, which was published as from 1 July 2008)

Chapter I General
Article 1 provides for the regulation of State-building of land reserves, the strengthening of land control, the promotion of land savings and the development of this approach in line with the provisions of the Law on Land Management of the People's Republic of China, the People's Republic of China Urban Property Management Act.
Article 2, State-owned reserves and their management within the administrative region of the province are applicable.
Article III. This approach refers to the State-building of land-use reserves, which are referred to by the Government of the above-mentioned people at the district level, for example through the recovery, acquisition and collection of land by law, and the integration of State-building sites into government-owned building reserves in order to secure a centralized and integrated supply of land.
Article IV. Governments of more people at the district level should strengthen the management of state-owned land reserves in accordance with the law.
More than the people at the district level are responsible for building land reserves in the State of the Territory's territorial resource administration in the current administrative area. Specific implementation of the State-building of land reserves is undertaken by land reserves institutions.
Sectors such as the development of reform, finance, construction, planning, housing, etc. at the district level should be tailored to their respective responsibilities to develop land-use reserves.
Article 5
Chapter II Reserve plan
Article 6
The State-building land reserve plan should include key elements such as reserves of land location, use, size and reserve modalities, and reserve financing.
Article 7
Article 8. Governments of more people at the district level should establish a national base for building land reserves.
Buildings within the scale of urban construction identified in the overall land-use planning system are integrated by the Government from the State-owned capital reserve pool.
Chapter III Scope of the reserve
Article 9. The scope of State-building-building reserve includes:
(i) The construction of land by State without compensation, compensation for recovery or replacement by law;
(ii) The Government shall exercise priority to the acquisition of a State by law;
(iii) State-building land acquired in a market manner;
(iv) The State-building area for land-use rights holders has not been identified;
(v) The State that has planned to make use of the transit procedures in order to build the place of use and to deal with the law;
(vi) In the context of the scale of urban construction identified in the overall land-use planning, the land levied by law for the implementation of urban planning;
(vii) The use of the right of State-building in the area of State-owned construction agreed upon in the contract;
(viii) Other State-building sites that can be incorporated in the reserve by law.
Article 10
(i) After the expiry of the period of time for the use of land by a non-resident State, the land-use owner has not applied for the duration of the extension or for land not approved for the duration of the extension period;
(ii) The removal, relocation and insolvency of units to end the use of State-owned construction sites;
(iii) The construction of land in countries such as the approved debriefing roads, railways, airports, mines;
(iv) The construction of land by the State in which it was recovered by law;
(v) State-building land recovered by law to deal with land violations;
(vi) Other State-building sites that should be recovered without compensation under the law.
Article 11
(i) State-building places where public interest needs to be used;
(ii) Implementation of urban planning for the construction of State-building sites that need to be used in the rehabilitation of the old urban areas;
(iii) State-owned transfers adjusted for industrial restructuring, State-owned enterprise conversion;
(iv) Other State-building sites that should be compensated by law.
Chapter IV Reserve process
Article 12
The planning conditions for state-building sites are presented by the same-level people's planning authorities in line with rural and urban planning.
Article 13 shall be subject to the following procedures:
(i) Land reserve agencies develop land recovery programmes to be reviewed by the same-level territorial resource administrative authorities.
(ii) The Land Resources Administration will review the agreed land recovery programme, which is approved by the Government of the people or by the Government of the people who have authorized the land.
(iii) The Land Resources Administration authorities, in accordance with approved land recovery programmes, have issued a notice of land-use recovery to land-use rights holders. Removal of land by means of compensation shall be provided in accordance with the standard of compensation for land-use rights, such as the acquisition of land-use rights, the actual length of use of land and the development of land use, and in accordance with the compensation criteria; and the housing on the land shall be compensated by law in accordance with the provisions of the relocation of urban homes.
(iv) The process of de-registration of land-use rights, in accordance with the law, is included in the State-building reserve.
Article 14. The acquisition of State-building land by market means shall be subject to the following procedures:
(i) Land reserve institutions conduct field investigations into the proposed acquisition of land and its buildings, constructions, etc., which should be confirmed by the land-use holder and reviewed by the same territorial resource administration authorities.
(ii) In consultation with land-use rights holders, land reserve institutions are entrusted with an assessment of the proposed acquisition of land and its land-based buildings, construction prices, preparation of purchase prices, approval by the same financial sector and the territorial resource administration authorities.
(iii) Land reserve institutions develop land acquisition programmes and enter into acquisition contracts with land-use rights holders.
(iv) In accordance with the acquisition contract, the land reserve agency pays the acquisition costs to the land-use owner.
(v) The process of de-registration of land-use rights, in accordance with the law, is included in the State-building reserve.
Article 15. The Government has given priority to the acquisition of State-owned land-use zones by law, and the original land-use-rights-owner shall apply, within 15 days of receipt of the acquisition cost, to the extent that the land-use-use write-off procedure is required by law, after the approval of the current Government of the people of the Land Resources Administration.
Article 16, within the scale of urban construction identified in the overall land-use planning, shall be subject to the law-based land for the implementation of urban planning and shall, after the completion of the settlement, process of write-off of land registration in accordance with the law and incorporate the building of national land reserves.
Chapter V
Article 17 Land reserves should be developed by land reserves already included in annual land supply plans. The development of the land reserve was preceded by the determination of the implementation unit by the Land Reserve Agency in the form of tenders by law.
The land reserve was developed prior to the completion of the development period, with conditions for building the land and was organized by the administrative authorities for the land resources of the Government of the more than the communes.
More than 18 per cent of the population at the district level may, as required, make clear property rights, apply for full-scale reserve land, process land registration procedures, and nuclear land-use certificates. The supply of licensed reserve land should be recovered by law. The supply of land-collection-free reserve land has been established, with the consent of the collateral or the lifting of the mortgage right by law.
Article 19 reserves that are not included in the annual land supply plan can be used provisionally by law.
Interim land use of reserves should be in line with urban and rural planning and not affect the urban environment and land supply.
Article 20 deadlines for the storage of new land by land reserves institutions shall not exceed 2 years; indeed, the extension will be required, with the consent of the Government of the people at the grass-roots level.
Article 21
Chapter VI Reserve funds
Article 22 Sources of State-building capital reserve include:
(i) The National Land Removal Fund;
(ii) Funds arranged by the financial sector from the land revenues that have been supplied;
(iii) Banks and other financial institutions borrowed in accordance with the relevant provisions of the State;
(iv) Approval by the financial sector of other funds available for land reserves;
(v) Interest income arising from the above-mentioned funds.
Article 23. The size of loans borrowed by land reserves institutions should be aligned with the State-owned capital reserve plan, the State-building capital reserve fund project budget and approved by the same level of finance.
The land reserve body shall not provide security to third parties.
Article 24 provides for the collection, acquisition, priority purchase, recovery and development of reserve land earmarked for State-owned capital reserve funds, and no units and individuals shall be stopped, diverted.
Article 25
The use of reserve land for income should be ensured in full payment of expropriation and demolition compensation, social security payments for the benefit of the expropriated farmers, ex-development costs for the land period and related tax charges, in accordance with the relevant national provisions.
The day-to-day funding required by the Land Reserve Agency is arranged by the financial sector and accounts with State-owned capital reserve funds are not confused.
Article 26 Specific approaches to State-building for the management of capital reserve funds and the accounting of land costs are developed by the provincial financial sector, the territorial resource administration authorities.
Article 27, Finance, Audit, Land Resources Administration, at the district level, should verify and audit the use of State-owned capital reserve funds, the cost of State-building of land reserves, and the financial situation of land reserve institutions.
Chapter VII Legal responsibility
Article 28, in violation of the law and the provisions of this approach, rejects land that should also be recovered under the law, and is subject to a fine of up to $300,000 per square metor.
Article 29, in violation of the provisions of this approach, interceptions or misappropriation of State-building capital reserve funds are being converted by sectoral orders such as the Finance, Audit and etc. of the people's Government at the district level; in exceptional circumstances, the administrative disposition of the person directly responsible and other direct responsibilities is granted by law; and the criminal responsibility of the law constitutes an offence.
Article 31 State staff members have one of the following acts in the building of State-owned reserves, which are governed by the law, and constitute crimes and are held criminally by law:
(i) The acquisition, supply price or compensation criteria for the storage of land are not determined by law, resulting in loss of State assets;
(ii) The establishment of the pre-reservation units for the period prior to the storage of land, without the legal solicitation of tenders;
(iii) To request or illegally receive property from others;
(iv) Other violations of laws, regulations and regulations.
Chapter VIII
Article 31 is implemented effective 1 July 2008.